The Home Office has announced that it is implementing a new process to automatically convert eligible pre-settled status holders to full settled status under the EU Settlement Scheme.
The move follows a High Court ruling that the UK Home Office’s approach to pre-settled status was unlawful, and aims to simplify the transition for those who have maintained continuous residence in the UK.
Background to the change
In December 2022, the High Court ruled that the UK Home Office’s approach to pre-settled status was unlawful. The case (Independent Monitoring Authority (IMA) vs. Home Office) challenged the government’s position that pre-settled status holders must apply for settled status before their status expired.
The court found that this violated the Brexit Withdrawal Agreement, as it could leave pre-settled status holders undocumented and at risk of losing rights if they failed to apply. In response, the Home Office pledged to implement a new system of automatic conversion for eligible pre-settled status holders.
To ensure individuals have sufficient time to qualify for settled status, since 2023 the Home Office has been automatically extending pre-settled status by five years before it expires. This aimed to ensure that no one lost their immigration status if they hadn’t yet obtained settled status.
New automatic conversion of pre-settled status to settled status
Starting from January 2025, the Home Office will begin automatically converting eligible pre-settled status holders to settled status.
Pre-settled status holders approaching their status expiry will receive email notifications about their potential upgrade. No action is required from individuals during this process; the Home Office will inform them if they cannot be granted settled status automatically.
While the automatic conversion process aims to ease the transition, not all pre-settled status holders may qualify for settled status automatically. Those without sufficient evidence of continuous residence or with other complicating factors may still need to apply manually for settled status.
Impact on British citizenship eligibility
To qualify for settled status, individuals must have lived in the UK continuously for at least five years. Once granted settled status, they are typically eligible to apply for British citizenship after a further 12-month period, unless married to a British citizen, in which case they may apply immediately upon receiving settled status.
The automatic upgrade to settled status streamlines the path to citizenship by removing the need for a separate application for settled status. However, the subsequent 12-month waiting period before applying for citizenship remains in effect for most applicants.
Pre-settled status holders should be mindful of their time spent outside the UK. Spending more than six months abroad in any 12-month period can disrupt continuous residence, potentially affecting eligibility for both settled status and, subsequently, British citizenship.
Applicants for British citizenship must also meet all other naturalisation requirements, including the ‘good character’ criteria, which includes considerations of criminal records and adherence to UK laws. Automatic conversion to settled status does not exempt individuals from this requirement.
Recommended actions for pre settled status holders
With the recent changes to the EU Settlement Scheme (EUSS), pre-settled status holders now benefit from automatic status extensions and potential upgrades to settled status. While these changes remove some administrative burdens, it is still essential to stay proactive in managing your immigration status. Here are key steps to ensure a smooth transition to settled status and, ultimately, British citizenship.
Keep Your Contact Details Updated
The Home Office will notify you of any changes to your status, so it’s crucial to keep your contact details up to date in your UK Visas and Immigration (UKVI) online account. Update your email and phone number in your UKVI account here. Ensure you receive important notifications about automatic status extensions and upgrades.
Track Your Status Expiry & Automatic Extensions
If your pre-settled status is due to expire soon, check whether it has been automatically extended by five years. This is being done automatically to prevent loss of status. You can confirm your new expiry date by logging into your UKVI account.
Ensure You Have Proof of Continuous Residence
The Home Office will check your government records (such as tax and benefits data) to confirm your five years of continuous residence. However, it is still advisable to keep your own records in case there are gaps. Gather additional proof of residence, such as:
- Payslips or P60s (from HMRC)
- Tenancy agreements or utility bills
- Bank statements showing UK transactions
- Keeping these documents readily available ensures you can provide additional evidence if required.
Apply for Settled Status If Necessary
In some cases, you may not be automatically upgraded to settled status—especially if the Home Office cannot verify your continuous residence through their records.
If you do not receive automatic settled status, apply manually via the EU Settlement Scheme.
Be Aware of Absence Rules
Frequent or prolonged absences from the UK can impact both your settled status eligibility and your future British citizenship application.
Do not stay outside the UK for more than six months in any 12-month period (except for special circumstances, such as study or serious illness). If you exceed absence limits, you may need to restart your five-year continuous residence period for settled status.
Need assistance?
For advice on your circumstances and securing long-term, lawful status in the UK, speak to our immigration specialists.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
